Common use of Agreement Absolute Clause in Contracts

Agreement Absolute. The Program Agent and the Purchasers shall be deemed to have entered into the Program Documents in express reliance upon this Agreement. The Bank Agent and the Secured Parties shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. Originator or the Seller under the Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. Originator or the Seller shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among the parties hereto shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 3 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Crown Holdings Inc), Intercreditor Agreement (Crown Holdings Inc)

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Agreement Absolute. The Program Agent and the Purchasers shall be deemed to have entered into the Program Documents in express reliance upon this Agreement. The Bank Agent and the Secured Parties shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. Originator or the Seller under the Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. Originator or the Seller shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among the parties hereto shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 3 contracts

Samples: Credit Agreement (Crown Holdings Inc), Pledge Agreement (Crown Holdings Inc), Intercreditor Agreement (Crown Holdings Inc)

Agreement Absolute. The Program Each of the Administrative Agent, the Receivables Collateral Agent and the Receivables Purchasers shall be deemed to have entered into the Program Receivables Documents in express reliance upon this Agreement. The Bank Agent Agreement and the Secured Parties Banks and the Banks' Agent shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. the Originator or the Receivables Seller under the U.S. Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. the Originator or the Receivables Seller shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among between the parties hereto Banks, the Receivables Purchasers and the Receivables Collateral Agent shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 3 contracts

Samples: Intercreditor Agreement (Avondale Inc), Intercreditor Agreement (Avondale Inc), Intercreditor Agreement (Avondale Inc)

Agreement Absolute. The Each of the Program Agent and the Purchasers Trustee shall be deemed to have entered into the Program Purchaser Documents in express reliance upon this Agreement. The Bank Agent and the Secured Lender Parties shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. Originator or the Seller Transferor under the Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. Originator or the Seller Transferor shall be deemed to apply to a debtor-in-possession or trustee for such party and all allocations of payments among the parties hereto shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 2 contracts

Samples: Intercreditor Agreement (Elder Beerman Stores Corp), Intercreditor Agreement (Elder Beerman Stores Corp)

Agreement Absolute. The Program Each of the Receivables Agent and the Receivables Purchasers shall be deemed to have entered into and continued with the Program Receivables Documents in express reliance upon this Agreement. The Bank Agent , the ABL Lenders and the Secured Parties ABL Lenders Agent shall be deemed to have entered into and continued with the Bank ABL Loan Documents in express reliance upon this Agreement and the Term Lenders and the Term Lenders Agent shall be deemed to have entered into and continued with the Term Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking PartyWESCO, any U.S. other Originator or the Receivables Seller or any Loan Party under the U.S. Bankruptcy Code and all references herein to any Parent Undertaking PartyWESCO, any U.S. other Originator or the Receivables Seller or any Loan Party shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among between the parties hereto Controlling Lenders and the Receivables Purchasers shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 2 contracts

Samples: Intercreditor Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Agreement Absolute. The Program Each of the Trustee, the Securitization ------------------ Company Agent and the Purchasers Liquidity Agent shall be deemed to have entered into the Program Purchaser Documents in express reliance upon this Agreement. The Bank Agent Agreement and the Secured Parties Credit Lenders and the Credit Lenders' Agent shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. the Originator or Credit Borrowers, as applicable, or the Receivables Seller under the Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. the Originator and/or Credit Borrowers or the Receivables Seller shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among between the parties hereto Credit Lenders, the Trustee, the Securitization Company Agent, the Liquidity Agent, the Liquidity Providers and the Receivables Purchaser shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 2 contracts

Samples: Intercreditor Agreement (Mail Well Inc), Intercreditor Agreement (Mail Well Inc)

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Agreement Absolute. The Program Each of the Receivables Agent and the Purchasers Purchaser shall be deemed to have entered into the Program Related Documents in express reliance upon this Agreement. The Bank Agent Agreement and the Secured Parties Lenders and the Collateral Agent shall be deemed to have entered into the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against Castle or any Parent Undertaking Party, any U.S. Originator of its Subsidiaries or the Seller SPE under the Bankruptcy Code and all references herein to Castle or any Parent Undertaking Party, any U.S. Originator of its Subsidiaries or the Seller SPE shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among between the parties hereto Collateral Agent, the Lenders, the Purchaser and the Receivables Agent shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 1 contract

Samples: Intercreditor Agreement (Castle a M & Co)

Agreement Absolute. The Program Each of the Receivables Agent and the Receivables Purchasers shall be deemed to have entered into and continued with the Program Receivables Documents in express reliance upon this Agreement. The Bank Agent Agreement and the Secured Parties Lenders and the Lenders Agent shall be deemed to have entered into and continued with the Bank Loan Documents in express reliance upon this Agreement. This Agreement shall may not be and remain absolute and unconditional under any and all circumstances, and no acts amended or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreementotherwise modified, unless otherwise such amendment or other modification is agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking PartyWESCO, any U.S. other Originator or the Receivables Seller or any Credit Party under the U.S. Bankruptcy Code and all references herein to any Parent Undertaking PartyWESCO, any U.S. other Originator or the Receivables Seller or any Credit Party shall be deemed to apply to a debtor-in-possession for such party and all allocations of payments among between the parties hereto Lenders and the Receivables Purchasers shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 1 contract

Samples: Intercreditor Agreement (Wesco International Inc)

Agreement Absolute. The Program Agent and the Purchasers Indenture Trustee shall be deemed to have entered into the Program Purchaser Documents to which it is a party in express reliance upon this Agreement. The Bank Agent and the Secured Lender Parties shall be deemed to have entered into the Bank Loan Documents in express reliance upon this AgreementAgreement (or a similar predecessor agreement). This Agreement shall be and remain absolute and unconditional under any and all circumstances, and no acts or omissions on the part of any other party to this Agreement shall affect or impair the agreement of any party to this Agreement, unless otherwise agreed to in writing by all of the parties hereto. This Agreement shall be applicable both before and after the filing of any petition by or against any Parent Undertaking Party, any U.S. Originator Seller or the Seller Transferor under the Bankruptcy Code and all references herein to any Parent Undertaking Party, any U.S. Originator Seller or the Seller Transferor shall be deemed to apply to a debtor-in-possession or trustee for such party and all allocations of payments among the parties hereto shall, subject to any court order to the contrary, continue to be made after the filing of such petition on the same basis that the payments were to be applied prior to the date of the petition.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

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